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Adorers of the Blood of Christ v. Transcontinental Gas Pipe Line Co LLC
The Third Circuit affirmed a lower court's dismissal of a religious group's challenge to FERC's approval of a natural gas pipeline along land owned by the group. The group argued that the use of its land to facilitate extraction, transportation, and use of fossil fuels violated its religious beliefs...
Playing the Long Game: Expediting Permitting Without Compromising Protections
The Biden Administration’s efforts to promote clean energy have prompted calls for permit reform. A clean energy economy demands a global increase in mineral production, and some suggest environmental standards must be loosened. This premise fails to distinguish among causes of delay in the permitting process, and increased demand for minerals should not overshadow the productive purposes served by permitting. At the same time, there are opportunities to improve permitting without compromising health and safety standards.
Cascade Forest Conservancy v. United States Forest Service
In an unpublished opinion, the Ninth Circuit affirmed summary judgment for the Forest Service in a challenge to its planned road construction project near Mount St. Helens to address the threat of a nearby lake's potential breach. Environmental groups argued the project violated NEPA and the Nationa...
Red Lake Band of Chippewa Indians v. United Sates Army Corps of Engineers
A district court denied summary judgment for environmental and tribal groups in a challenge to the Army Corps of Engineers' decision to issue permits under the CWA and the Rivers and Harbors Act for a project to replace sections of an oil pipeline in Minnesota. The groups argued the Corps' decision ...